Cason Kirby won the District 4 Tuscaloosa City Board of Education seat over one-term incumbent Kelly Horwitz on Aug. 27. Horwitz is now contesting the election after widespread claims of voter fraud.

File photo | The Tuscaloosa News

Tuscaloosa County Circuit Court Judge James Roberts ruled late Thursday that Kelly Horwitz's contest of the Aug. 27 election will proceed to trial. She claims that orchestrated voter fraud by members of Greek organizations skewed the results in favor of opponent Cason Kirby, who outpolled her 416-329.

In a motion filed Friday, Kirby's attorneys asked the judge to require Horwitz to submit specific information about why each of the 397 contested votes should be considered illegal. Kirby's counsell asked that this be done at least seven to 10 days prior to the Oct. 31 trial date.

"Without this process, this case will be an extraordinary waste of time," Kirby's attorney Andrew Campbell wrote in the filing.

During Tuesday's hearing, Campbell said Horwitz is attempting to disenfranchise student voters.

"We expect to move forward with this challenge as expeditiously and efficiently as possible," Horwitz wrote in a statement issued Friday. "Let me be clear that this challenge has never been an effort to 'disenfranchise' student voters. Nor, as a sorority alumna myself, do I disapprove of fraternities and sororities.

"Many decent and brave students who are members of these houses have come forward to share concerns and details regarding the election, and I expect others will do so."

Horwitz claims many of ballots cast by students were tainted by offers of free alcoholic drinks and that many of those students did not meet residency requirements to vote in the district. Her attorneys said in court they intend to call the disputed voters to the stand and ask them numerous questions, including whether they were pressured to vote or support a particular candidate, when they registered and where they lived at the time.

If it is determined a vote was illegally cast, attorneys are permitted to then ask a witness how they voted. Hortwitz needs 88 of Kirby's votes to be thrown out in order to win the election.

Campbell called that approach a "fishing expedition" and said Horwitz's attorneys should know that information before calling witnesses to the stand.

Campbell filed a copy of an email he says was sent by a woman whose name is on the list of 397 contested voters. This women claims that she graduated from UA in May and became a legal resident of the district on May 17. She says she has a full-time job in Tuscaloosa and is no longer affiliated with any groups accused of bribery.

Horwitz said that anyone on the list with questions should contact her attorneys.

The full text of her statement reads:

"On Thursday, Oct. 17, Judge James H. Roberts Jr., of the Circuit Court in Tuscaloosa, issued an order in my election contest challenging the results of the election for the District 4 seat on the Tuscaloosa City Board of Education. In his order, Judge Roberts makes clear that my contest may proceed, so that evidence may be presented and testimony taken in open court with respect to illegal votes in the District 4 election.

"Let me be clear that this challenge has never been an effort to 'disenfranchise' student voters. Nor, as a sorority alumna myself, do I disapprove of fraternities and sororities. Many decent and brave students who are members of these houses have come forward to share concerns and details regarding the election, and I expect others will do so. Like all voters, students can and should exercise their franchise -- freely, legally, and after conscientious consideration. What is especially unfortunate in this case is that many students were misused: given bad advice or no advice about residency requirements, and pressured by offers of private gain in exchange for their votes. I hope that those who ought to know better will treat them with more respect in the future, and that Tuscaloosa can look forward to a fully free and fair electoral process.

"We expect to move forward with this challenge as expeditiously and efficiently as possible. Voters on the challenge list who have questions or wish to clear this matter up, or others who have relevant information about the election, should contact my attorney, James H. Anderson, of Jackson, Anderson, & Patty, P.C., in Montgomery, AL, at (334) 834-5311."

Kirby will take office on Nov. 4. His attorney Andy Campbell, with the firm Leitman, Siegal, Payne & Campbell, P.C. can be reached at (205) 251-5900.